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New Zealand law explained for everyone

Fencing Act 1978

Schedule 1: Forms

You could also call this:

"Forms to Help You Build a Fence with Your Neighbour"

Illustration for Fencing Act 1978

You need to fill out a form to tell your neighbour you want to build a fence. This form is called a fencing notice. You can use a template as a guide. You must include some important details in the notice. These details are about the type of fence, how it will be built, and how much it will cost. You and your neighbour will share the cost of the fence. If your neighbour does not agree with your proposal, they can object within 21 days. They can also make counter-proposals, which are alternative suggestions. If you cannot agree, you can take the matter to the District Court, as stated in the Fencing Act 1978. Your neighbour can also send you a cross-notice if they object to your fencing notice. This notice must include the reasons for their objection and any counter-proposals they have. You can find more information about fences in Schedule 2 of the Fencing Act 1978.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM21888.

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Topics:
Housing and property > Home safety and repairsHousing and property > Land use
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"This part explains how the new fencing rules replace old ones but don't mess up unfinished fencing matters"

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Schedule 2: Specimen types of fence, or

"Types of Fences and How to Build Them"

1Forms

1Fencing notice Empowered by s 10

(Use of this form is not obligatory but it is given as a guide to the type of information that should be included in a fencing notice.)

To [owner, or occupier by virtue of a tenancy for not less than 10 years certain, of [address], Dunedin, or Broadacres Farm, Taradale.]

Please take notice that I desire that a/the fence be erected (or repaired) between your said property and my adjoining property at [number, street] (or Greenmeadows Farm) in accordance with the following particulars:

  • Further description of boundary to be fenced.
    1. Type of fence. [If desired specify one of the specimen fences in Schedule 2 of the Fencing Act 1978, or specify any other type desired.]
      1. Method of construction. (Eg, by a contractor, or by one neighbour, or by both neighbours.)
        1. Estimated total cost. (To be shared half each [or, if different shares are proposed, specify those shares].)
          1. How materials to be purchased or supplied and how paid for.
            1. Date for commencement of work.

                1. Within 21 days after the date of the receipt of this notice you may object to any of the above particulars and make your counter-proposals.

                Within the same time, if you claim you are not liable to pay for fencing, you may notify me accordingly and supply the name and address of the person who is liable for fencing in connection with your property.

                If no objection is received I will proceed with the fencing in accordance with this notice, and you will be deemed to have agreed to the proposals set out in this notice, and will be liable to share the cost accordingly.

                This notice is given under the Fencing Act 1978.

                 

                Date:

                Signature:

                2Cross-notice Empowered by s 11

                (A cross-notice must be in this form or to the like effect.)

                To [specify the giver of the original notice.]

                Please take notice that I object to your notice to fence dated [date].

                The particulars of my objection are as follows:

                [Set forth the proposals to which objection is made. If objection is made to all the proposals a statement to this effect will suffice.]

                * I make the following counter-proposals:

                [Set forth any counter-proposals with the same particularity as is required in the case of a fencing notice.]

                This notice is given under the Fencing Act 1978, which provides that, if we are unable to agree regarding the particulars to which objection is taken by this cross-notice and the counter-proposals that are made by this cross-notice, the matters in dispute may be determined by the District Court.

                Date:

                Signature:

                *Delete if no counter-proposals are proposed.